Citation : 2023 Latest Caselaw 480 Ori
Judgement Date : 13 January, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.289 of 2022
T. Jayakrushna Patra .... Appellant
Mr. Ramani Kanta Pattanaik.
-versus-
State of Orissa .... Respondent
Mr. S.K. Nayak, AGA
CORAM:
MR. JUSTICE D. DASH
DR. JUSTICE S.K. PANIGRAHI
ORDER
Order 13.01.2023 No. I.A. No.52 of 2023
3. 1. This matter is taken up through hybrid arrangement
(virtual / physical) mode.
2. The Appellant (T. Jayakrushna Patra) by filing this
application under Section 389 of the Cr.P.C. has prayed
for suspension of execution of sentence imposed upon
him in S.T. Case No.145 of 2016 by the learned Additional
Sessions Judge, Bhanjanagar and his release on bail
pending disposal of this Appeal.
2. Heard learned Counsel for the Appellant and learned
Additional Government Advocate for the State.
3. Considering the submissions made and on going
through the impugned judgment of conviction and;
// 2 //
further keeping in view the fact that the Appellant was on
bail during trial by this Court vide order dated 30.07.2019
passed in BLAPL No.3037 of 2019 and the fact that the
Appeal is not likely to be heard and disposed of early, We
are inclined to direct that further execution of sentence
imposed upon this Appellant (T. Jayakrushna Patra) in
S.T. Case No.145 of 2016 by the learned Additional
Sessions Judge, Bhanjanagar shall remain suspended in
releasing the Appellant on bail pending disposal of this
Appeal.
4. Accordingly, it is directed that the Appellant
(T. Jayakrushna Patra) be released on bail in the aforesaid
case pending disposal of this Appeal on such terms and
conditions as deemed just and proper by the Trial Court
with further condition that the Appellant shall positively
surrender before the Trial Court as and when so required.
5. The I.A. is, accordingly, disposed of.
. (D. Dash)
Judge
(Dr. S.K. Panigrahi)
Judge
// 3 //
I.A. No.53 of 2023
4. 1. Heard.
2. There shall be stay realization of fine pending disposal
of this Appeal.
3. The I.A. is, accordingly, disposed of.
. (D. Dash)
Judge
(Dr. S.K. Panigrahi)
Judge
CRLA No.289 of 2022
5. 1. List this matter for hearing in the week commencing 8th
May, 2023.
2. Urgent certified copy of this order be granted on
proper application.
. (D. Dash)
Judge
(Dr. S.K. Panigrahi)
Judge
B.Jhankar
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